InstaDrink-US LLC
Privacy Policy
I. Introduction
When you use InstaDrink, you trust us with your personal data. We’re committed
to keeping that trust. That starts with helping you understand our privacy
practices. This notice describes the personal data we collect, how it’s used and
shared, and your choices regarding this data.
II. Overview
A. Scope
This notice applies to users of InstaDrink’s services, including users of
InstaDrink’s apps, websites, features, or other services.
This notice describes how InstaDrink and its affiliates collect and use personal
data. This notice applies to all users of our apps, websites, features, or other
services.
This notice also governs InstaDrink’s other collections of personal data in
connection with InstaDrink’s services. For example, we may collect the contact
information of individuals who use accounts owned by InstaDrink Customers or
of owners or employees of InstaDrink restaurant partners, or we may collect
other personal data in connection with our mapping technology and features.
All those subject to this notice are referred to as “users” in this notice.
Our data practices are subject to applicable laws in the places in which we
operate. This means that we engage in the practices described in this notice in a
particular country or region only if permitted under the laws of those places.
Questions, comments, and complaints about InstaDrink’s data practices can be
submitted to InstaDrink Customer Service.
III. Data collections and uses
A. The data we collect
InstaDrink collects:
• Data provided by users to InstaDrink, such as during account creation
• Data created during use of our services, such as location, app usage, and
device data
• Data from other sources, such as InstaDrink partners and third parties
that use InstaDrink Services/Tools.
The following data is collected by or on behalf of InstaDrink:
1. Data provided by users. This includes:
• User profile: We collect data when users create or update their InstaDrink
accounts. This may include their name, email, phone number, login name
and password, address, profile picture, payment or banking information
(including related payment verification information), government
identification documents, including driver’s license numbers and images,
birthdate, signature, and photo. We may use the photos submitted by
Customers to verify their identities, such as through facial recognition
technologies, for pick-up order purposes.
• Background check and identity verification: We collect background check
and identity verification information for Customers in connection with
alcohol order pickups. This may include information such as criminal
record (where permitted by law). This information may be collected by an
authorized vendor on InstaDrink’s behalf.
• Demographic data: We may collect demographic data about users,
including through user surveys. We may also receive demographic data
about users from third parties.
• User content: We collect the information users submit when they contact
InstaDrink customer support, provide ratings or compliments for other
users or restaurant partners, or otherwise contact InstaDrink. This may
include feedback, photographs or other recordings collected by users.
2. Data created during use of our services. This includes:
• Location data: We collect precise or approximate location data from a
user’s mobile device if enabled by the user to do so. InstaDrink collects
this data when the InstaDrink app is running in the foreground (app open
and on-screen) or background (app open but not on-screen) of their
mobile device.
• Transaction information: We collect transaction information related to the
use of our services, including the type of services requested or provided,
order details, pick-up information, date and time the service was
provided, amount charged, distance traveled, and payment method.
Additionally, if someone uses your promotion code, we may associate
your name with that person.
• Usage data: We collect data about how users interact with our services.
This includes data such as access dates and times, app features or
pages viewed, app crashes and other system activity, type of browser,
and third-party sites or services used before interacting with our services.
In some cases, we collect this data through cookies, pixels, tags, and
similar tracking technologies that create and maintain unique identifiers.
• Device data: We may collect data about the devices used to access our
services, including the hardware models, device IP address, operating
systems and versions, software, preferred languages, unique device
identifiers, advertising identifiers, serial numbers, device motion data, and
mobile network data.
• Communications data: We enable users to communicate with each other
and InstaDrink through InstaDrink’s mobile apps and websites. For
example, we enable Customers and Restaurants to call, text, or send
other files to each other. To provide this service, InstaDrink receives
some data regarding the calls, texts, or other communications, including
the date and time of the communications and the content of the
communications. InstaDrink may also use this data for customer support
services (including to resolve disputes between users), for safety and
security purposes, to improve our products and services, and for
analytics.
3. Data from other sources. This includes:
• InstaDrink feedback, such as ratings, feedback, or compliments.
• InstaDrink Customers participating in our referral programs. For example,
when a user refers another person, we receive the referred person’s
personal data from that user.
• InstaDrink account owners who request services for or on behalf of other
users, or who enable such users to request or receive services through
their accounts.
• Users or others providing information in connection with claims or
disputes.
• InstaDrink business partners through which users create or access their
InstaDrink account, such as payment providers, social media services, or
apps or websites that use InstaDrink App Services or Tools.
• Publicly available sources.
• Marketing service providers.
InstaDrink may combine the data collected from these sources with other data
in its possession.
B. How we use personal data
InstaDrink collects and uses data to enable the sale of reliable and convenient
products and services. We also use the data we collect:
• To enhance the safety and security of our users and services
• For customer support
• For research and development
• To enable communications between users
• To send marketing and non-marketing communications to users
• In connection with legal proceedings
InstaDrink does not sell or share user personal data with third parties for their
direct marketing, except with users’ consent.
InstaDrink uses the data it collects for purposes including:
1. Providing services and features. InstaDrink uses the data we collect to
provide, personalize, maintain, and improve our products and services.
This includes using the data to:
• Create and update users’ accounts.
• Enable transportation, item pick-up, and other services.
• Offer, process, or facilitate payments for our services.
• Offer, obtain, provide, or facilitate invoicing or financing solutions in
connection with our services.
• Track and share the progress of orders placed and picked-up.
• Enable features that allow users to share information with other people,
such as when Customers provide feedback for a restaurant or bar
establishment, refer a friend to InstaDrink, split costs/bills, or share
location with their contacts.
• Enable features to personalize users’ InstaDrink accounts, such as
creating bookmarks for favorite places, and to enable quick access to
previous destinations. We may, for example, present an InstaDrink user
with personalized restaurant or drink recommendations based on their
prior orders.
• Enable certain accessibility that make it easier for users with disabilities
to use our services, such as those that enable deaf or hard-of-hearing
drivers to alert Restaurants of their disabilities, allow only text messages
from Restaurants, and enable receipt of flashing pick-up notifications
instead of sound notifications on their mobile device.
• Perform internal operations necessary to provide our services, including
to troubleshoot software bugs and operational problems; to conduct data
analysis, testing, and research; and to monitor and analyze usage and
activity trends.
2. Safety and security. We use personal data to help maintain the safety,
security, and integrity of our services and users. This includes:
• Screening Restaurants before enabling their use of our services and at
subsequent intervals, including through reviews of background checks,
where permitted by law, to help prevent use of our services by unsafe
eating/drinking establishments.
• Using device, location, profile, usage, and other data to prevent, detect,
and combat fraud or unsafe activities.
• Using user ratings and feedback to encourage compliance with
our Terms and Conditions.
3. Customer support. InstaDrink uses the information we collect (including
recordings of customer support calls with notice to and the consent of the user)
to provide customer support, including to:
• Direct questions to the appropriate customer support person
• Investigate and address user concerns
• Monitor and improve our customer support responses and processes
4. Research and development. We may use the data we collect for testing,
research, analysis, product development, and machine learning to improve the
user experience. This helps us to improve and enhance the safety and security
of our services, improve our ability to prevent the use of our services for illegal
or improper purposes, develop new features and products, and facilitate
insurance and finance solutions in connection with our services.
5. Enabling communications between users. For example, a Restaurant may call
a Customer with information about their order or to confirm an order pick-up
location.
6. Marketing. InstaDrink may use the data we collect to market our services to
our users. This includes sending users communications about InstaDrink
services, features, promotions, sweepstakes, studies, surveys, news, updates,
and events.
We may also send communications to our users about products and services
offered by InstaDrink partners, affiliates and subsidiaries. For example, if a user
has placed an InstaDrink order, we may provide recommendations, promotions,
or ads about similar food offered by other InstaDrink partners. Although we may
send users communications about InstaDrink partners’ products and
services, we do not sell users’ personal data to, or share it with, such partners
or others for purposes of their own direct marketing or advertising, except with
users’ consent.
We may use the data we collect to personalize the marketing communications
(including advertisements) that we send, including based on user location, past
use of InstaDrink services, and user preferences and settings.
7. Non-marketing communications. InstaDrink may use the data we collect to
generate and provide users with receipts; inform them of changes to our terms,
services, or policies; or send other communications that aren’t for the purpose
of marketing the services or products of InstaDrink or its partners.
8. Legal proceedings and requirements. We may use the personal data we
collect to investigate or address claims or disputes relating to use of
InstaDrink’s services, or as otherwise allowed by applicable law, or as requested
by regulators, government entities, and official inquiries.
9. Automated decision-making
We use personal data to make automated decisions relating to use of our
services. This includes:
• Deactivating users who are identified as having engaged in fraud or
activities that may otherwise harm InstaDrink, its users, and others. In
some cases, such as when a user is determined to be abusing
InstaDrink’s referral program, such behavior may result in automatic
deactivation.
• Using Customer location information, and communications between
Customers and Restaurants, to identify cancellation fees earned or
induced through fraud. For example, if we determine by using such
information that a Restaurant is delaying a pickup in order to induce a
cancellation, we may not charge the Customer a cancellation fee and will
adjust the amounts paid to the Restaurant to omit such a fee. To object
to such adjustment, please contact InstaDrink customer support.
For more information about these processes, please contact InstaDrink
customer support.
C. Cookies and third-party technologies
InstaDrink and its partners use cookies and other identification technologies on
our apps, websites, emails, and online ads for purposes described in this notice.
Cookies are small text files that are stored on browsers or devices by websites,
apps, online media, and advertisements. InstaDrink uses cookies and similar
technologies for purposes such as:
• Authenticating users
• Remembering user preferences and settings
• Determining the popularity of content
• Delivering and measuring the effectiveness of advertising campaigns
• Analyzing site traffic and trends, and generally understanding the online
behaviors and interests of people who interact with our services
We may also allow others to provide audience measurement and analytics
services for us, to serve advertisements on our behalf across the Internet, and to
track and report on the performance of those advertisements. These entities
may use cookies, web beacons, SDKs, and other technologies to identify the
devices used by visitors to our websites, as well as when they visit other online
sites and services.
D. Data sharing and disclosure
Some of InstaDrink’s products, services, and features require that we share data
with other users or at a user’s request. We may also share data with our
affiliates, subsidiaries, and partners, for legal reasons or in connection with
claims or disputes.
InstaDrink may share the data we collect:
1. With other users
This includes sharing:
• Customers’ first name, rating, order preferences and special requests
with Restaurants.
• We may also share ratings and feedback, or other information to the
extent required by law, with the Restaurant or its franchise.
• For those who participate in InstaDrink referral program, we share certain
personal data of referred users, such as trip count, with the user who
referred them, to the extent relevant to determining the referral bonus.
2. At the user’s request
This includes sharing data with:
• Other people at the user’s request. For example, we share a Customer’s
ETA and location with a friend when requested by that Customer, or a
Customer’s trip information when they split a fare with a friend.
• InstaDrink business partners. For example, if a user requests a service
through a partnership or promotional offering made by a third party,
InstaDrink may share certain data with those third parties. This may
include, for example, other services, platforms, apps or websites that
integrate with our Services/Tools/APIs; those with an API or service with
which we integrate; or restaurant/bar partners or other InstaDrink
business partners and their users in connection with promotions,
contests, or specialized services.
3. With the general public
Questions or comments from users submitted through public forums such as
the InstaDrink Website or InstaDrink social media pages may be viewable by the
public, including any personal data included in the questions or comments
submitted by a user.
4. With the InstaDrink account owner
If a user places an order using an account owned by another party, we may
share their order or pick-up information, including real-time location data, with
the owner of that account.
5. With InstaDrink subsidiaries and affiliates
We share data with our subsidiaries and affiliates to help us provide our services
or conduct data processing on our behalf.
6. With InstaDrink service providers and business partners
InstaDrink provides data to vendors, consultants, marketing partners, research
firms, and other service providers or business partners. These include:
• Payment processors and facilitators
• Cloud storage providers
• Marketing partners and marketing platform providers, including social
media advertising services
• Data analytics providers
• Research partners, including those performing surveys or research
projects in partnership with InstaDrink or on InstaDrink’s behalf
• Vendors that assist InstaDrink to enhance the safety and security of its
apps
• Consultants, lawyers, accountants, and other professional service
providers
• Insurance and financing partners
• Restaurant partners and/or their point of sale providers
7. For legal reasons or in the event of a dispute
InstaDrink may share users’ personal data if we believe it’s required by
applicable law, regulation, operating license or agreement, legal process or
governmental request, or where the disclosure is otherwise appropriate due to
safety or similar concerns. This includes sharing personal data with law
enforcement officials, public health officials, other government authorities,
airports (if required by the airport authorities as a condition of operating on
airport property), or other third parties as necessary to enforce our Terms of
Service, user agreements, or other policies; to protect InstaDrink’s rights or
property or the rights, safety, or property of others; or in the event of a claim or
dispute relating to the use of our services. If you use another person’s credit
card, we may be required by law to share your personal data, including pick-up
or order information, with the owner of that credit card.
This also includes sharing personal data with others in connection with, or
during negotiations of, any merger, sale of company assets, consolidation or
restructuring, financing, or acquisition of all or a portion of our business by or
into another company.
8. With consent
InstaDrink may share a user’s personal data other than as described in this
notice if we notify the user and they consent to the sharing.
E. Data retention and deletion
InstaDrink retains user profile, transaction, and other personal data for as long
as a user maintains their InstaDrink account.
InstaDrink may retain certain user data after receiving an account deletion
request if necessary, such as to comply with legal requirements.
InstaDrink retains user profile, transaction, and other information for as long as a
user maintains their InstaDrink account.
Customers may request deletion of their account at any time through the
InstaDrink App under Settings. Following such requests, InstaDrink deletes the
data that it is not required to retain for purposes of regulatory, tax, insurance,
litigation, or other legal requirements. While it retains such data, InstaDrink may
also use it for purposes of safety, security, fraud prevention and detection, and
research and development.
InstaDrink may also retain certain information if necessary for purposes of
safety, security, and fraud prevention. For example, if InstaDrink deactivates a
user’s account because of unsafe behavior or security incidents, InstaDrink may
retain certain information about that account to prevent that user from opening a
new InstaDrink account in the future. InstaDrink shall be authorized to share
said data or account information with crime prevention governmental authorities
as required by applicable laws.
F. Grounds for processing
We only collect and use personal data where we have lawful grounds to do so.
These include processing user personal data to provide requested services and
features, for purposes of InstaDrink’s legitimate interests or those of other
parties, to fulfill our legal obligations, or based on consent.
We collect and use personal data only where we have one or more lawful
grounds for doing so. Such grounds may vary depending on where our users
are located, but generally include processing personal data:
a. To provide requested services and features
In order to provide our services, we must collect and use certain personal data.
This includes:
• User profile data, which we use to establish and maintain user accounts;
verify user identity; communicate with users about their trips, orders, and
accounts; and enable users to make payments or receive earnings
• Customer and Restaurant location data, which we use to pick-ups, trips
and assist with navigation/routes
• Usage data, which is necessary to maintain, optimize, and enhance
InstaDrink’s services
• Transaction information
• Information relating to customer support
b. For purposes of the legitimate interests of InstaDrink or other parties
This includes using personal data to maintain and enhance our users’ safety and
security. For example, we use personal data to prevent use of our services by
users who have engaged in inappropriate or dangerous behavior, such as by
retaining data of banned users to prevent their use of InstaDrink’s apps.
This also includes purposes such as combating fraud; improving our services,
direct marketing, research, and development; and enforcing InstaDrink’s Terms
of Service.
In addition, it includes using personal data to the extent necessary for the
interests of other people or the general public, such as in connection with legal
or insurance claims, and to protect the rights and safety of others.
c. To fulfill InstaDrink’s legal obligations
For example, InstaDrink may be subject to laws and regulations in many
jurisdictions that require it to collect and retain data about our Restaurant
pick-ups and orders, and to provide copies of such data to the government or
other authorities. We collect and use personal data to comply with such laws.
d. With consent
InstaDrink may collect and use personal data based on the user’s consent. For
example, we may collect personal data through voluntary surveys. Responses to
such surveys are collected on the basis of consent and will be deleted once no
longer necessary for the purposes collected.
A user who has provided consent to a collection or use of their personal data
can revoke it at any time. However, the user will not be able to use any service
or feature that requires collection or use of that personal data.
IV. Choice and transparency
InstaDrink enables users to access and control the data that InstaDrink collects,
including through:
• In-app settings
• Device permissions
• In-app ratings pages
• Marketing opt-outs
InstaDrink also enables users to request access to or copies of their data,
changes or updates to their accounts, deletion of their accounts, or that
InstaDrink restrict its processing of user personal data.
A. Privacy settings
Settings menus in the InstaDrink app for Customers give them the ability to set
or update their location-sharing preferences and their preferences for receiving
mobile notifications from InstaDrink. Information about these settings, how to
set or change these settings, and the effect of turning off these settings is
described below.
• Location data
InstaDrink used Customer device location services to make it easier to order
items whenever they need using the InstaDrink App. Location data helps
improve our services, including pickups, navigation/routing, and customer
support.
Customers may enable or disallow InstaDrink to collect location data from their
mobile devices through the InstaDrink App Settings. Customers can enable or
disallow such collections through the settings on their mobile device.
Users may enable InstaDrink to send push notifications about discounts and
news from InstaDrink. Push notifications may be enabled or disabled through
the InstaDrink App in Settings or through the settings on their mobile device.
B. Device permissions
Most mobile device platforms (iOS, Android, etc.) have defined certain types of
device data that apps cannot access without the device owner’s permission,
and these platforms have different methods for how that permission can be
obtained. Customers are responsible for maintaining notification preferences
from their aforementioned device platforms.
C. Ratings look-up
After every order is fulfilled, Customer may have the ability to rate a Restaurant
on a scale from 1 to 5. An average of those ratings is associated with a
Restaurant’s account and is displayed to other Customers for whom they
provide or may be sought to provide services.
D. Marketing opt-outs
Users may opt out of receiving promotional emails from InstaDrink through the
InstaDrink App in Settings. Users may also opt out of receiving emails and other
messages from InstaDrink by following the unsubscribe instructions in those
email messages. We may still send users who have opted out of nonpromotional communications, such as receipts for orders or information about
their account.
E. User data requests
InstaDrink provides users with a variety of ways to learn about, control, and
submit questions and comments about the handling of their data. To make a
request, Customers are requested to contact InstaDrink Customer Service.
• Accessing data: Users can ask for an explanation of the data we collect
from them and how we use it.
• Receiving data: Users can ask for a copy of data that InstaDrink collects
from them with their consent or as necessary to provide our services.
• Changing or updating data: Users can edit the name, phone number,
email address, payment method, and photo associated with their account
through the InstaDrink App under Settings. They may also ask that
InstaDrink change or update their data, including if they believe such data
is inaccurate or incomplete.
• Deleting data: Users may request deletion of their account at any time
through the InstaDrink App under Settings.
• Objections, restrictions, and complaints: Users may request that we stop
using all or some of their personal data, or that we limit our use of their
data. InstaDrink may continue to process data after such objection or
request to the extent required or permitted by law.
V. Updates to this notice
We may occasionally update this notice. Use of our services after an update
constitutes consent to the updated notice to the extent permitted by law.
We may occasionally update this notice. If we make significant changes, we will
notify users in advance of the changes through the InstaDrink App or through
other means, such as email or the InstaDrink Website. We encourage users to
periodically review this notice for the latest information on our privacy practices.
After such notice, use of our services by users will be understood as consent to
the updates to the extent permitted by law.
Version 1.a
(March 17, 2020)